Section 25 Determination of rent by the First-tier TribunalF14C1C2

Where, under subsection (3)(a) of section 24 above, a tenant refers to F1the First-tier Tribunal a notice under subsection (1) of that section, the F2First-tier Tribunal shall determine the rent at which, subject to subsections (2) and (3) below, the F3First-tier Tribunal considers that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—

In making a determination under this section, there shall be disregarded any effect on the rent attributable to—

In this section “rent” includes any sums payable by the tenant to the landlord on account of the use of furniture or for services F4or in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the house concerned or are payable under separate agreements.

Where any rates in respect of the house concerned are borne by the landlord or a superior landlord, the F5First-tier Tribunal is to make its determination under this section as if the rates were not so borne.

In any case where—

the F8the First-tier Tribunal shall make a determination in relation to the section 17 reference before making its determination in relation to the section 24 reference and, accordingly, in such a case the reference in subsection (1)(b) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 17 reference.

Where a notice under section 24(1) above has been referred to F9the First-tier Tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the F10First-tier Tribunal (together with, in a case where subsection (4) above applies, the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the period to which the new rent specified in the notice relates or, if it appears to the F11First-tier Tribunal that that would cause undue hardship to the tenant, with effect from such date as the First-tier Tribunal may direct (being a date after the beginning of that period but not after the date when the First-tier Tribunal determined the rent).

Nothing in this section requires F12the First-tier Tribunal to continue with its determination of a rent for a house if the tenancy has been brought to an end by order of the F13First-tier Tribunal under this Part of this Act or if the landlord and tenant give notice in writing that they no longer require such a determination.

Nothing in this section or section 24 above affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).